Chapter V Chapter V

Working Hours

No adult employee shall be required or allowed to work in any industrial premises for more than eight hours in any day or for more than forty-eight hours in any week: Provided that any adult employee may be allowed to work in such industrial premises for any period in excess of the limit fixed under this section subject to the payment of overtime wages if the period of work including overtime work, does not exceed ten hours in any day and in the aggregate fifty four hours in any week.

1. (1) Where any employee employed in any industrial premises is required to work overtime, he shall be entitled in respect of such overtime work, to wages at the rate of twice his ordinary rate of wages.
2. (2) Where the employees in an industrial' premises are paid on a piece-rate basis, the overtime rate shall be calculated, for the purposes of this section, at the time rates which shall be as nearly as possible equivalent to the daily average of their full-time earnings for the days on which they had actually worked during the week immediately preceding the week in which the overtime work has been done.
3. (3) For the purpose of this section, "ordinary rate of wages" means the basic wages plus such allowance including the cash equivalent of the advantage accruing through the concessional sale to the employees of food grains and other articles as the employee is, for the time being entitled to, but does not include bonus or wages for over-time work.
4. (4) The cash equivalent of the advantage accruing through the concessional sale to an employee of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food grains and other articles admissible to a standard family. Explanation I. -"Standard family" means a family consisting of the employee, his or her spouse and two children requiring in all three adult consumption units. Explanation II. -"Adult consumption unit" means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child shall be calculated at the rate of eight-tenths and six-tenths, respectively, of one adult consumption unit.

The periods of work for employees in an industrial premises each day shall be so fixed that no period shall exceed five hours and that no employee shall work for more than five hours before he has had an interval for rest of at least half an hour.

The periods of work of an employee in an industrial premises shall be so arranged that inclusive of his intervals for rest under section 20, they shall not spread over more than eleven hours in any day.

1. (1) Every industrial premises shall remain entirely closed on any one day in the week to be specified by the employer in a notice exhibited in a conspicuous place in the industrial premises and the day so specified shall not be altered by the employer more than once in three months and except with the previous written permission of the Inspector having jurisdiction over the industrial premises concerned.
2. (2) For a holiday under this section, an employee shall be paid, notwithstanding any contract to the contrary, at the rate equal to the daily average of his total full time earnings during the week immediately preceeding the holiday exclusive of any overtime wages or bonus, but inclusive of other allowances, if any: Provided that nothing contained in this sub-section shall apply to any employee whose total period of employment in the week including any day spent on authorised leave or holiday or layoff is less than six days.

1. (1) In every industrial premises, a notice of periods of work shall be displayed and correctly maintained in such form and in such manner as may be prescribed, showing clearly for every day the periods during which the employees may be required to work.
2. (2) (a) A copy of the notice referred to in sub-section (1) shall be sent in duplicate to the Inspector having jurisdiction over the industrial premises within two weeks from the date of the grant of a licence for the first time under this Act, in the case of any industrial premises carrying on work at the commencement of this Act, and in the case of any industrial premises work after such commencement, before the day on which any work connected with the handloom industry or any other operation connected with the handloom industry is begun in the industrial premises.
   • (b) Any proposed change in the system of work which will necessitate change in the notice referred to in sub-section (1) shall be notified to the Inspector in duplicate before the change is made and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since the last change.

No employee shall be

employed in any industrial premises otherwise than in accordance with the notice of work displayed in the premises under section 23.

No child shall be required or allowed to work in any industrial premises.

No woman or young person shall be required or allowed to work in any industrial premises except between 6 a.m. and 7 p.m.

Save as otherwise provided for in the rules, no

employee shall be required or allowed to work in any industrial premises on any day on which he has already worked in any other industrial premises.

1. (1) Notwithstanding anything contained in the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (Tamil Nadu Act XXXIII of 1958) (hereinafter in this section referred to as the said Act), the Government may, by notification, direct that subject to the provisions of sub-section (2), the said Act or any of the provisions thereof or the rules made thereunder shall apply to all or any class of employees to which this Act applies.
2. (2) On the application of the provisions of the said Act to any industrial premises under subsection (1), the Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of the enforcement of the provisions of the said Act within the local limits of his jurisdiction.
3. (3) The Government may by a like notification, cancel or vary any notification issued under subsection (1).

1. (1) Every employee shall be allowed in a calendar year leave with wages,-
   • (i) in the case of an adult, at the rate of one day for every twenty days of work performed by him during the previous calendar year;
   • (ii) in the case of a young person at the rate of one day for every fifteen days of work performed by him during the previous calendar year. Explanation. - The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during, or at the beginning or at the end of, the period of leave.
2. (2) If an employee is discharged or dismissed from service or quits employment during the course of the year, he shall be entitled to leave with wages at the rate laid down in sub-section (1).
3. (3) In calculating leave under this section, any fraction of leave of half a day or more shall be treated as one full day's leave and any fraction of less than half a day shall be omitted.
4. (4) If any employee does not, in any calendar year, take the whole of the leave allowed to him under sub-section (1), the leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year.
5. (5) An application of an employee for the whole or any portion of the leave allowed under sub- section (1) shall be in writing and ordinarily shall have to be made sufficiently in advance of the day on which he wishes the leave to begin.
6. (6) If the employment of an employee who is entitled to leave under sub-section (1) is terminated by the employer, before he has taken the entire leave to which he is entitled, or if having applied for leave, he has not been granted such leave, or if the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 30, in respect of leave not taken and such payment shall be made where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination and where the employee quits his employment, on or before the next pay day.
7. (7) The leave not availed of by an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

1. (1) For the leave allowed to him under section 29, an employee shall be paid at the rate equal to the daily average of his total full time earnings for the days on which he had worked during the month immediately preceding his leave exclusive of any overtime earnings and bonus, but inclusive of dearness and other allowances. Explanation I. - In this sub-section, the expression "total full time earnings" includes the cash equivalent of the advantages accruing through the concessional sale to employees of food grains and other articles, as the employee is for the time being entitled to, but does not include bonus. Explanation II. - For the purpose of determining the wages payable to a domestic weaver during leave period or for the purpose of payment of maternity benefit to a woman domestic worker, "day" shall mean any period during which such domestic worker was employed during a period of twenty-four hours commencing midnight for making the handloom fabric.
2. (2) An employee who has been allowed leave for not less than four days in the case of an adult and five days in the case of a young person, shall, before his leave begins, be paid wages for the period of the leave allowed.

1. (1) Every employee who undergoes family planning operation shall be entitled to special casual leave with wages for a period not exceeding-
   • (a) six days in the case of a male employee;
   • (b) fourteen days in the case of a female employee; with effect from the day on which he or she had undergone such operation.
2. (2) If an employee who has undergone family planning operation is discharged by his or her employer during the period specified in sub-section (1), the employer shall pay such employee the amount payable under section 30 in respect of the period of the special casual leave to which the employee was entitled at the time of discharge.